h2g2 The Hitchhiker's Guide to the Galaxy: Earth Edition

Texas has been a big proponent of mediation for several years -- almost every civil case goes through mediation before it sees trial, now. As such, there is some government control of mediation. Also, some rules on ethics and conduct have been made.

In Texas alternative dispute resolution (of which mediation is a form) is controlled by the Alternative Dispute Resolution Procedures Act, Tex. Civ. Prac. & Rem. Code Ann. §§ 154.001-154.073 (Vernon Supp. 1991). (There are also other Texas codes which can regulate mediation, as well as certain instances where federal codes can trump the state codes.)

Section 154.052 sets up specific required qualification for a mediator in Texas. To mediate, a person must have completed a minimum of 40 classroom hours of training in dispute resoluton techniques. To mediate disputes relating to parent/child relationships a mediator has to have an additional 24 hours of training.

In reguard to rules and conduct, the Texas Supreme Court has set up a "Texas Rules of Ethics for Mediators and Mediations." This sets out rules for mediators opperating under the Tex. Civ. Prac. & Rem. Code Ann. § 154 (Vernon Supp. 1991).

In these rules are definitions along with instructions on protecting the integrity of the process, competence, impartiality, fees, confidentiality, professional advice, counsel and enforcement.

Other organizatons have also set out guidlines for mediation, including the Texas State Bar and the Society of Professionals in Dispute Resolution.

(Most of this information comes from the materials I received when I took a 40 hour basic mediation course offered by the South Plains Association of Governments Dispute Resolution Center. Other Information comes from what I learned in a legal practice class at the Texas Tech School of Law. I'm writing this late at night, so before relying on anything I've written here, be sure to research it yourself. )